Graham v State of New South Wales

The case of *Graham v State of New South Wales* concerned an appeal to the Court of Appeal of New South Wales regarding a claim in negligence. The appellant, Graham, alleged that the respondent, the State of New South Wales, failed to provide adequate transport for a physically disadvantaged child to and from school. This alleged failure resulted in the child being struck by a car while travelling home from school.

The central legal issues before the Court of Appeal were whether the respondent owed a duty of care to the child in relation to their transport to and from school, and if so, whether that duty had been breached. The court was required to consider the scope of any such duty and whether the respondent's actions or omissions met the required standard of care.

The Court of Appeal ultimately dismissed the appeal. The reasoning of the court, as indicated by the catchwords, focused on the existence and scope of the duty of care owed by the respondent. The court found that no such duty existed in the circumstances, or alternatively, that if a duty did exist, it had not been breached. The appeal was therefore dismissed. The orders of the court were that the appeal be dismissed with costs.